ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you agree that disputes between you and EDMISSION will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Edmission provides a variety of services designed to improve the overall college admission experience. You may only have one Edmission account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by Edmission. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Edmission immediately if you suspect any unauthorized use of your account or access to your password. Edmission has the right to terminate your account for any reason at our sole discretion without notice and without liability.
The Services are also available to authorized staff members of colleges, universities, or academic service providers that have licensed one or more of the Services.
The Services are owned and operated by Edmission. Unless otherwise explicitly specified by Edmission, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic information, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "Edmission Content"), are owned, controlled, or licensed by Edmission or Edmission's third party partners. Edmission Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Edmission Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
Edmission may allow you but only through express written permission to engage in certain personal uses of Edmission Content that include the ability to share certain Edmission Content with others ("Social Distribution"). For example, the Services may allow you to send certain Edmission Content to friends, display Edmission Content on your personal web site or post Edmission Content on a third party web site. You agree that you will not imply that you and Edmission are affiliated in any way or that Edmission approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Edmission Content.
Similarly, the Services may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are Edmission Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Edmission Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Edmission Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of Edmission Content upon notice.
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to Edmission, any Edmission employee or contractor, or a Edmission web site, to the greatest extent allowable under applicable law, you grant Edmission and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Edmission, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
You further agree that, to the greatest extent allowable under applicable law, Edmission is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Edmission to publish your User Content in a searchable format that may be accessed by users of the Services. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Edmission is not required to host, display, or distribute, and may remove at any time, any User Content. Edmission reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Edmission does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.
You agree that Edmission has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that Edmission may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This "User Content and Activities" section shall survive any expiration or termination of your relationship with Edmission.
You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Edmission may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that Edmission determines:
1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
4. posts information that poses or creates a privacy or security risk to any person;
5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
10. involves commercial activities and/or sales without prior written consent from Edmission such as contests, sweepstakes, barter, advertising, or pyramid schemes;
11. includes a photograph or video of another person that you have posted without that person's consent;
12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
Prohibited activities include, without limitation:
1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
5. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Edmission page via HTML/CSS or any other means;
6. any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Edmission, or sending messages with a commercial purpose;
9. activity unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
10. using the Services in a manner inconsistent with any applicable law.
The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you change or terminate your mobile account, you are responsible for promptly updating your Edmission account information so that any messages or notices from Edmission regarding the Services are sent to you and not to the person who is assigned your old number.
For any of our mobile apps, you agree that the third party store or platform through which our apps are available (including, without limitation, the Apple App Store) is not liable to you in connection with our apps. If you use any ISBN scan feature of the Services, you are responsible for verifying the accuracy of the scanned code before relying on it.
Notifications or receipts from Edmission will be delivered to you by email at the address you provided to Edmission when you created your account or as later updated. You may also opt to receive text message reminders from Edmission, as a courtesy to you. You hereby agree and acknowledge that Edmission is not responsible to notify you in any way other than by email, even if you opt-in to receive text message reminders. Edmission will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. Edmission will have no responsibility for any misuse of such information if you provide such information via email or text message.
You may cancel your account at any time throughout our Services. Edmission may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account in cancelled, your photos, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshared by others).
Edmission may require users of the Services to provide a valid credit or debit card tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to Edmission) or upon ordering products or services. If a payment card is required, you are responsible for ensuring that a valid credit or debit card is associated with your Edmission account at all times (either the original card or a replacement). To confirm your card is valid, Edmission may initiate a "pending" charge for one dollar (US $1.00) on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this $1.00 pending charge may be initiated each time you edit the card information for your account or place an order that cannot be processed. Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). Edmission will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. Edmission will store your credit or debit card information and you hereby acknowledge and agree that Edmission may charge you for, and you will pay for, any charges specified on the Services. Edmission reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by Edmission or a third party on Edmission's behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to Edmission.
There may be links from the Services, or from communications you receive from the Services, to third party web sites or online features. The Services also may include third party content that we do not control, maintain or endorse.
Functionality on the Services may also permit interactions between the Services and a third party web site or online feature, including applications that connect the Services or your profile on the Services with a third party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third party, which may be publicly posted on that third party's web site. Using this functionality typically requires you to login to your account on the third party website, and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may use Edmission's services as a "Member" or a "Visitor." "Members" may include a variety of designated levels of members who may be charged for services according to the terms of the particular offer, or registered free members (a "Free Member"), or other membership levels. "Visitors" are users that have not registered for an account with access to and use of certain aspects of the homework help services, which may be restricted and only available to certain Members. The membership levels, the benefits and pricing of each level of membership may vary and are subject to change at any time, please read the terms of any particular level of membership carefully before accepting it. Edmission may modify these levels and benefits from time to time, and each such modification is effective as soon as we post it on the relevant Services except to the extent that your particular pricing structure is established in writing for a period of time in the future, such as an annual plan. It is therefore important that you review the membership page regularly to ensure you are aware of any such changes.
Edmission may also make online counseling services available through Edmission Website. The following sections that include "Counselors" or "Counseling" in the heading relate specifically and only to such counseling Services. If there is any conflict between the counseling services section and the rest of the general terms that apply to all Edmission Services and website (including counseling), the counseling sections control within the counseling services sections of the Services. Counseling sections are not applicable to other Edmission Services or Websites or any area outside of the counseling services websites. You understand and agree that Edmission acts only as an interface to facilitate communications between Users and Counselors and to collect payment from Users on behalf of Counselors. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND COUNSELORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT EDMISSION IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND COUNSELORS. COUNSELORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF EDMISSION. EDMISSION HAS NO CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, COUNSELORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) including Policy Pages may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these User Terms of Service and terms and conditions or policies posted for a specific area of the Site, Services or Collective Content, the later terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND COUNSELORS FOR THE PROVISION OF COUNSELING SERVICES. EDMISSION CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY COUNSELORS FOR USERS, OR THE ACTIONS OF ANY COUNSELORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. EDMISSION IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF COUNSELORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, COUNSELORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF COUNSELING SERVICES PROVIDED BY COUNSELORS ARE DONE AT THE USER'S SOLE RISK.
By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Counselors, Users or other third parties will be limited to a claim against the particular Counselors, User or the third parties who caused you, or such third party harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from Edmission with respect to such actions or omissions except as authorized by this Agreement. In addition, Edmission is not responsible for the use or exchange of any information or files between Counselors and Users. Further, Edmission does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Counselors or Users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
Edmission acts as a technology service that facilitates provision of Counseling Services between Users and Counselors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Counseling Services or contents thereof. Edmission does not endorse any Counselor and you are responsible for determining and confirming the identity and suitability of the Counselors interacted with as a result of your use, or use by any third party, of the Site and Services. Edmission does not endorse any Counselors. In addition, although the Edmission Counselors Terms of Service require Counselors to provide accurate information, we cannot confirm or test any Counselor's purported identity or academic qualifications or experience. We are not your agent or the agent of any Counselor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Counselors or Users. If you ever believe that another User or Counselor has violated law or is defrauding, threatening or endangering anyone, Edmission urges you to immediately contact the police directly for help.
Your use of the Site or Services may involve the exchange of file attachments between you and an Edmission Counselor. Edmission is not responsible or liable for the content of such attachments, and such attachments may be viewed by other Edmission users, or by the public generally. You acknowledge sole responsibility for and assume all risk arising from your downloading any such attachments and posting such attachments.
End of Counseling Specific Section
THE EDMISSION WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EDMISSION AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES OR VENDORS (COLLECTIVELY THE "EDMISSION PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENRORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SERVICES; (B) THE EDMISSION CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO EDMISSION OR VIA THE SERVICES. IN ADDITION, THE EDMISSION PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
WITHOUT LIMITING THE FOREGOING, THE EDMISSION PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDMISSION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE EDMISSION PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE EDMISSION PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION's LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE EDMISSION PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY EDMISSION. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY EDMISSION. IN ADDITION, THE EDMISSION PARTIES ARE NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ANY ENTITY FOR ANY DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, LOSS, CLAIM, OR LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES OR LINKED SERVICES. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. EDMISSION TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES.
UNDER NO CIRCUMSTANCES WILL EDMISSION BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES OR LINKED SERVICES, ATTENDANCE AT A EDMISSION EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH EDMISSION.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE EDMISSION PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER EDMISSION CONTENT OWNED OR CONTROLLED BY THE EDMISSION PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER EDMISSION CONTENT OWNED OR CONTROLLED BY THE EDMISSION PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Further, by using any of the Services, you represent and warrant that you are not on any United States government list of restricted or prohibited persons with whom a United States company may do business.
Edmission respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed through the Services, please notify us at firstname.lastname@example.org and provide the following information:
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Edmission will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY EDMISSION, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material.
We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Edmission otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Edmission submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Edmission will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
This "Legal Disputes" section shall survive any expiration or termination of your relationship with Edmission.
From time to time, Edmission may offer discounts, bonuses, coupons, loyalty programs, points programs, sweepstakes, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations; certain promotions may not apply in certain jurisdictions where prohibited by law. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that Edmission, in its sole discretion, may deny payment or benefits (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients. Discounts apply only toward the actual base product/service rental or purchase cost; they do not apply to taxes, shipping, extension or late fees, or any other additional fees (e.g., conversion to purchase fees).
Purchases through the Services may be subject to taxes in many states. Depending on your state and the nature of the product or service you receive from us, this may be a sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
Payment for certain Services is due in advance of each applicable membership period (e.g., monthly or annually). MONTHLY AND ANNUAL MEMBERSHIPS MAY AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR OTHER PAYMENT METHOD YOU PROVIDE WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR MEMBERSHIP IS TERMINATED BY US OR CANCELLED BY YOU. Also, for some of our paid Services, you may elect to temporarily "suspend" your membership, for example, during school breaks or vacation, for up to a total of 90 days in any one membership year (i.e., during each 12-month period following the commencement of your membership), and the period of your membership will be extended by the total amount of such suspended period(s). You agree to pay all applicable fees for your memberships and use of our paid Services, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation. If you wish to cancel your membership in a Service (if available), please visit the customer support web area on the Services. Cancellation of memberships (if available) will take effect as detailed in the cancellation information for the specific Service you want to cancel.
We may from time to time offer free trials for some of our Services. Such trials may require you to register with a valid credit card to commence. Users that sign up for a free trial membership at a particular level will be automatically renewed at the promoted membership rate for that level at the end of the trial period unless the user cancels the membership at least before the end of the trial, unless the terms of the offer explicitly state otherwise. You can cancel a free trial online on the Services or by contacting Edmission's customer support. After cancellation of a free trial, you can continue as a Free Member with reduced benefits or access. Only one free trial membership is allowed per person or per entity. Subsequent registrations do not qualify for free trials. Unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first. We may introduce new or additional features, services or materials to the Services which may be a part of, or priced separately from, existing levels of membership at our sole discretion.
We are always seeking opportunities to work with educators in making our Websites a valuable resource for both you and your institution for years to come. If you need to contact us concerning an issue of academic integrity, please e-mail us at email@example.com
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, as in any real-life scenario, we cannot guarantee its absolute security. If you have any questions about security on our Services, you can email us at firstname.lastname@example.org
If you have any questions or concerns regarding the Edmission Websites or Services, please write to us at email@example.com. All notices, authorizations, and requests to Edmission shall be deemed given on receipt.